Purpose and objective of accreditation
- The circular prescribes an implementing guideline and procedure in the accreditation of Recognized Security Organization (RSO) performing statutory work on behalf of the Administration.
- The accreditation is for implementation of IMO-SOLAS 1974 (Chap XI-2) and the ISPS Code.
- The objective is to accredit RSO to implement standard security measures and appropriate security equipment.
- The objective is to ensure compliance level for ships engaged in international voyage under Chapter XI-2, SOLAS 74/ISPS Code (IMO).
Covered entities and applicable ships
- The circular covers RSO accredited to perform statutory certification services for the Administration.
- The accreditation covers Philippine registered ships for foreign voyage.
- The circular applies to verifications and certifications of ship compliance with SOLAS Chapter XI-2 and the ISPS Code (IMO).
- The circular defines Ship as a Philippine registered vessel engaged in international voyage to which the circular is applicable.
Core definitions used
- Administrator refers to the Administrator, Office for Transportation Security (OTS).
- ISPS Code means the International Code for the security of the ship and port facility.
- Office for Transportation Security (OTS) is the agency responsible for security of transportation systems in the country and the designated Administration to implement SOLAS Chapter XI-2 and the ISPS Code (IMO), and it is the authority responsible for implementing the National Security Program for Sea Transport and Maritime Infrastructure (the Program).
- Recognized Security Organization is an organization with appropriate qualification or expertise in maritime security with knowledge of ship and port operations, authorized by OTS to perform security-related activities.
- Ship Security Plan is a document containing measures to protect persons onboard, cargo, cargo transport units, ship’s stores, or the ship from risks of security incident.
Accreditation requirements and documentation
- An RSO must be a duly registered business entity with the Securities and Exchange Commission (SEC) or with the appropriate office of the Department of Trade.
- Foreign registered/based RSO may apply for accreditation if authorized to do business in the Philippines and if they appoint a Resident Agent (RA) to lawfully represent them in litigation/arbitration if needed.
- A performance bond equivalent to Php500,000.00 must cover the RA during the validity of the RA appointment.
- An RSO must demonstrate organizational effectiveness and capabilities necessary to undertake the specific duties that may be delegated.
- A formal appointment must be issued specifying the appointment’s scope and duration.
- The formal appointment must identify the respective point of contact within OTS and the RSO, and it must detail procedures for:
- communications between OTS and the RSO;
- oversight to verify satisfactory activities of the RSO;
- assessing reports received from the RSO;
- acting if a ship is found not compliant;
- procedures when other states impose measures on an ISSC issued ship;
- data provided to OTS to assist OTS’s approval of SSPs (Ship Security Plans);
- identifying the laws, policies, procedures, and instruments provided to the RSO;
- records the RSO must maintain;
- regular reports, including changes in capability; and
- resolving performance-related issues.
- An RSO must demonstrate capability through established procedures and relevant documentation for the capability items required under paragraph 4.5 of part B of the ISPS Code, including:
- expertise in relevant security aspects;
- appropriate knowledge of ship and port operations;
- ability to access security risks during ship and port facility operations including ship/port interface to minimize such risks;
- ability to maintain and improve personnel expertise;
- ability to monitor continuing trustworthiness of personnel;
- ability to avoid unauthorized disclosure/access to security-sensitive material;
- knowledge of mandatory requirements of SOLAS chapter XI-2 and part A of the ISPS Code, and guidance in part B and relevant national and international laws/legislation and security requirements;
- knowledge of current security threats and patterns;
- knowledge of recognition and detection of weapons, dangerous substance and devices;
- knowledge of recognition, on a non-discriminatory basis, of characteristics and behavioral patterns of persons likely to threaten security;
- knowledge of techniques used to circumvent security measures; and
- knowledge of security and surveillance equipment and systems and their operational limitations.
- An RSO applying for accreditation must submit to OTS:
- Company Profile and Capability as defined in SOLAS XI-2 and ISPS Code;
- Organizational Structure;
- Profile of Board of Directors and Competency Training on Maritime Security Auditors;
- Company Policies;
- Company Objectives;
- Company Code of Ethics;
- Relevant Company Documents; and
- Name of the bonded Resident Agent duly registered with the appropriate government office (SEC, BOI, etc).
OTS oversight and RSO operational duties
- Subject to an oversight/audit system based on ISM standard, OTS undertakes audit inspection of port facilities and ships where the RSO performed delegated activities to evaluate performance.
- International RSO must provide for publication and systematic maintenance of procedures in the English language for conduct of activities to ensure compliance with the delegated authority.
- An RSO must allow participation in the development of its procedures by representatives from the Administration.
Accreditation validity
- The accreditation certificate is valid for five (5) years.
Sanctions, penalties, and enforcement
- No specific penalties, fines, or sanctions are established in the circular for non-compliance.
Separability, repealing, and sunset
- The circular provides no separability, repealing, or sunset clauses.